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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. Although it was true that the victim was faced with a two-wheeled vehicle operated by the defendant by mistake of facts, it was not thought that the victim suffered bodily injury because of a very minor accident, and the victim was required to leave the scene of the accident with his intention of permission in the same manner as the victim stated his intention to leave the scene of the accident. Thus, the defendant did not have any criminal intent to escape.
B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below on the assertion of mistake of facts, i.e., ① the elderly victim was faced with breast part of the two-wheeled automobile operated by the defendant, up to the loss of the victim's mind, and the victim complained of the suffering after the shouldering, ② the defendant was merely the victim, but the victim was just the victim was absent from the accident site, and the victim did not express any permission, ③ the defendant was absent from the accident site and reported to 112 immediately after the defendant went out of the accident site, even though the defendant was aware of the fact that the victim was injured due to the accident in this case, it is clear to view that the defendant had a criminal intent to escape from the accident site without providing relief to the victim or confirming his identity.
Therefore, the defendant's above assertion is without merit.
B. The extent of injury by the victim on the assertion of unfair sentencing does not include the degree of injury by the victim, the fact that the defendant paid and agreed to pay 2 million won to the victim, the defendant has no specific penalty power in addition to the punishment once by a fine, and the defendant.